CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA has raised AD/ECURIEUIL/10 Amendment 6 to correct an unsafe situation on AS350 rotorcraft. The referenced technical data for the AD has been revised by the manufacturer and the industry has requested that the AD be revised to reference the latest data. The State of Design for this type, EASA, has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.
CASA has not consulted with the Australian industry and public, as the industry requested the change be made to the current AD.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the regulation of civil aviation to ensure safety and efficiency in air navigation. This Act provides the legislative framework for the creation and enforcement of regulations, including the issuance of airworthiness directives to maintain the safety standards of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for various types of aircraft and aeronautical products. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, aimed at correcting unsafe conditions and ensuring compliance with international standards as outlined in the Convention on International Civil Aviation. The policy objective of these regulations is to safeguard the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities of the State of Registry and Design, and to address specific safety concerns as identified by CASA.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. The Act applies to entities involved in civil aviation within Australia, including aircraft operators, manufacturers, and the Civil Aviation Safety Authority (CASA). The issuance of ADs is a regulatory tool under section 98 of the Act, empowering CASA to mandate safety measures for specific kinds of aircraft or aeronautical products through regulation 39.001. The ADs, which are legislative instruments, serve to address identified unsafe situations and are issued to ensure the continuing airworthiness of aircraft registered in Australia. The scope of these regulations extends nationally, as Australia is bound by Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of States of Design and States of Registry concerning airworthiness. While the issuance of ADs is a critical function of CASA, it is worth noting that these directives do not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are developed and issued by CASA, typically without prior consultation with the industry or public, unless deemed necessary by CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions concerning the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are significant for the entities they govern. The State of Design, which in this case is the European Union Aviation Safety Agency (EASA), has an overarching responsibility for the continuing airworthiness of aircraft types, as stipulated under Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry to ensure the aircraft's ongoing airworthiness. The State of Registry, here represented by CASA, is tasked with developing or adopting requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the State of Design's requirements on aircraft registered in Australia.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with these provisions. While the text does not explicitly detail the offences, penalties, or civil/criminal consequences for breach of ADs, it is understood that failure to comply with these directives could result in serious safety risks. CASA's role in monitoring and enforcing compliance ensures that any breaches are addressed promptly, potentially leading to severe repercussions for non-compliance. The regulatory framework is designed to maintain the highest safety standards in civil aviation, ensuring that both operators and passengers are protected.